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To: El Gato

What I do not understand is I thought that Federal Law overrides State Law. One example is the Sullivan Act in NY. Where they make it next to impossible unless you have alot of money or know someone to have a firearm.
A friend of mine who is a police officer in NC could be charged if he carried his pistol concealed in NY,DC and NJ. I just do not understand these principals of these states and others decipher the Second Ammendmant. To me it is pretty straightforward.


190 posted on 06/05/2006 11:50:18 PM PDT by lndrvr1972
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To: lndrvr1972
What I do not understand is I thought that Federal Law overrides State Law

Only in those areas were the federal government has been granted power in by the Constitution.

The problem with respect to arms rights, and other Bill of Rights protected rights, is that courts in period before the civil war declared that the Bill of Rights, all of it, does not apply to the states. Most states have their own Bills of Rights, and most of those have some kind of RKBA clause. The 14th amendment was supposed to apply those protections to violations by state governments as well, but since they didn't say that outright in the amendment, although it was said by the sponsors and supports in Congress during debates, even the opponents understood that meaning, the Courts were free to interpret that away, so that Jim Crow laws could stand. They interpreted the privileges and immunities of US Citizens protected by the 14th amendment to be only those unique to federal citizenship, such as the right to use navigable waterway. Horse pucky I know, but that's what the mighty federal courts ruled.

209 posted on 06/06/2006 10:25:08 AM PDT by El Gato
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